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. , <br /> (d) Construction. This Agreement shall be construed and interpreted in <br /> accordance with the laws of the State of Illinois. <br />, 22. WAIVER OF JURY TRIAL. THE PARTIES WAIVE TRIAL BY JURY IN <br /> ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE <br /> PARTIES HERETO AGAINST THE OTHER ON ANY MATTER WHATSOEVER <br /> ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROGRAM OR THIS <br /> AGREEMENT. SPONSOR ACKNOWLEDGES THAT IT HAS BEEN REPRESENTED <br />� IN THE SIGI�TING OF THIS AGREEMENT AND IN THE MAKING OF THIS WAIVER <br /> BY INDEPENDENT LEGAL COUNSEL SELECTED OF ITS OWN FREE WILL, AND <br /> THAT IT HAS DISCUSSED THIS WAIVER WITH SUCH COUNSEL. <br /> 23. JURISDICTION. TO INDUCE THE AUTHORITY TO ACCEPT THE <br /> NOTE, SPONSOR IRREVOCABLY AGREES THAT, SUBJECT TO THE <br /> AUTHORITY'S SOLE AND ABSOLUTE ELECTION, ALL ACTIONS OR <br /> PROCEEDINGS IN ANY WAY ARISING OUT OF OR RELATED TO THE LOAN <br /> DOCUMENTS WILL BE LITIGATED IN COURTS HAVING SITUS IN CHICAGO, <br /> ILLINOIS. SPONSOR HEREBY CONSENTS AND SUBMITS TO THE JURISDICTION <br /> OF ANY COURT LOCATED WITHIN CHICAGO, ILLINOIS, WAIVES PERSONAL <br /> SERVICE OF PROCESS UPON SPONSOR, AND AGREES THAT ALL SUCH <br /> SERVICE OF PROCESS MAY BE MADE BY REGISTERED MAIL DIRECTED TO <br /> SPONSOR AT THE ADDRESS STATED HEREIN AND SERVICE SO MADE WILL BE <br /> DEEMED TO BE COMPLETED UPON ACTUAL RECEIPT. <br /> 24. COLTNTERPARTS. This Agreement may be executed in counterparts, and each <br /> counterpart shall, for all purposes for which an original of this Agreement must be produced or <br /> exhibited, be the Agreement, but all such counterparts shall constitute one and the same <br /> Agreement. <br /> 25. LIABILITY OF AUTHORITY. In no event shall the Authority be liable to the <br /> Sponsor for consequential or incidental damages, including, without limitation, lost profits, <br /> whatever the nature of the breach by the Authority of its obligations under this Agreement or the <br /> Grant Documents or in connection herewith and the Sponsor waives all claims for consequential <br /> and incidental damages and far all damages described in Paragraph 26 below. <br /> 26. FUNDING. The parties acknowledge that the Grant is to be funded with monies � <br /> provided by HUD, and that the Authority is under no obligation to request such funds for any <br /> disbursement of Grant proceeds unless and until all necessary preconditions to disbursement set <br /> forth in the Grant Documents shall have been satisfied to the Authority's satisfaction, and that <br /> significant time delays might result from the funding of such monies by HUD. Without limiting <br /> the generality of Paragraph 25 above, in no event shall the Authority be liable to the Sponsor for <br /> any damages whatsoever which might result in whole or in part from any delays in funding any <br /> proceeds of the Grant. <br /> [Signatures on Next Page] <br /> 15 <br />